Migration Amendment (Regulation of Migration Agents) Act

Note: An electronic version of this Act is available on the Federal Register of Legislation

(https://www.legislation.gov.au/)

Migration Amendment (Regulation of

Migration Agents) Act 2020

No. 71, 2020

An Act to amend the Migration Act 1958, and for

related purposes

Authorised Version C2020A00071

http://www.legislation.gov.au/


No. 71, 2020 Migration Amendment (Regulation of Migration Agents) Act 2020 i

Contents 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Schedules ........................................................................................... 3

Schedule 1—Australian legal practitioners providing

immigration assistance 4

Migration Act 1958 4

Schedule 2—Registration periods 16

Part 1—Amendments 16


Part 2—Application of amendments 18

Schedule 3—Redundant provisions 19


Schedule 4—Requirement for applicants to provide further

information 22




Schedule 5—Fees and charges 25




Schedule 6—Other amendments 27






No. 71, 2020 Migration Amendment (Regulation of Migration Agents) Act 2020 1

Migration Amendment (Regulation of

Migration Agents) Act 2020

No. 71, 2020

An Act to amend the Migration Act 1958, and for

related purposes

[Assented to 22 June 2020]

The Parliament of Australia enacts:

1 Short title

This Act is the Migration Amendment (Regulation of Migration

Agents) Act 2020.


2 Migration Amendment (Regulation of Migration Agents) Act 2020 No. 71, 2020

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1 Column 2 Column 3

Provisions Commencement Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent. 22 June 2020

2. Schedules 1

and 2

A single day to be fixed by Proclamation.

However, if the provisions do not commence

within the period of 9 months beginning on

the day this Act receives the Royal Assent,

they commence on the day after the end of

that period.

3. Schedule 3 A single day to be fixed by Proclamation.





that period.

11 August 2020

(F2020N00091)






that period.

11 August 2020

(F2020N00091)

5. Schedule 5 At the same time as Schedule 1 to the

Migration Agents Registration Application

Charge Amendment (Rates of Charge) Act

2020 commences.

However, the provisions do not commence

at all if that Schedule does not commence.

15 October 2020



Commencement information

Column 1 Column 2 Column 3

Provisions Commencement Date/Details






that period.

11 August 2020

(F2020N00091)

Note: This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.


Schedule 1 Australian legal practitioners providing immigration assistance


Schedule 1—Australian legal practitioners providing immigration assistance

Migration Act 1958

1 Section 275

Insert:

Australian legal practitioner means a lawyer who holds a

practising certificate (whether restricted or unrestricted) granted

under a law of a State or Territory.

Note: For the meaning of lawyer, see subsection 5(1).

client: see section 306C.

eligible: see section 278A.

eligible period: see section 278A.

immigration assistance: see section 276.

inactive migration agent: see section 306B.

legal practice means the provision of legal services regulated by a

law of a State or Territory.

2 Section 275 (definition of registered migration agent)

Omit “section 286”, substitute “Division 3”.

3 Section 275

Insert:

related by employment: see section 278.

restricted: a practising certificate held by an Australian legal

practitioner is restricted if:

(a) it is subject to a condition requiring the practitioner to

undertake supervised legal practice for a specified period;

and


Australian legal practitioners providing immigration assistance Schedule 1


(b) such a condition was not imposed as a disciplinary measure

by an authority responsible for disciplining Australian legal

practitioners in a State or Territory.

Note: A practising certificate subject to a supervision condition of the kind

mentioned in paragraph (a) is, however, taken to be unrestricted if the

condition was imposed as a disciplinary measure as mentioned in

paragraph (b) (see the definition of unrestricted in this section).

restricted legal practitioner means an Australian legal practitioner

whose practising certificate is restricted (within the meaning of this

Part).

4 Section 275 (paragraphs (a) and (b) of the definition of review authority)

Omit “the the”, substitute “the”.

5 Section 275

Insert:

unrestricted: a practising certificate held by an Australian legal

practitioner is unrestricted if it is not restricted (within the

meaning of this Part).

unrestricted legal practitioner means an Australian legal

practitioner whose practising certificate is unrestricted (within the

meaning of this Part).

6 Section 277

Repeal the section.

7 Before section 279

Insert:

278A Eligibility for restricted legal practitioners

Eligibility—general

(1) A person who is a restricted legal practitioner is eligible, subject to

this section.

(2) The person remains eligible until the earliest of the following

times:




(a) the end of the eligible period, or of a longer period as

extended under this section;

(b) when the person becomes an unrestricted legal practitioner.

Note 1: A person may be eligible whether or not the person is a registered

migration agent at the time of becoming a restricted legal practitioner.

Note 2: While a restricted legal practitioner is eligible, the practitioner may

become, or continue to be, a registered migration agent (see

sections 289B and 302A). However, to be registered as a migration

agent, an eligible restricted legal practitioner must also satisfy the

requirements of section 289A, including completing a prescribed

course and passing a prescribed exam.

(3) The eligible period is the period of 2 years after the person first

held a restricted practising certificate.

Note: However, the eligible period for a person who was a restricted legal

practitioner immediately before Division 8 commences (which is also

when this section commences) is 2 years after that commencement:

see section 333C.

Extension of eligible period

(4) An eligible person may apply to the Migration Agents Registration

Authority for an extension of the eligible period for a period of up

to 2 years:

(a) in a form approved in writing by the Authority, containing

such information relevant to the application as is required by

the form; and

(b) if the application is made 3 months or more before the end of

the eligible period.

Note: An eligible person may apply for an extension under this subsection

whether or not the person is a registered migration agent at the time of

the extension application.

(5) A person may make no more than one application for extension

under subsection (4).

(6) On an application under subsection (4), the Authority must, by

written notice given to the applicant no later than 28 days before

the end of the eligible period:

(a) extend the eligible period by a stated period of no more than

2 years; or

(b) refuse to extend the eligible period.




(7) The Authority may extend the eligible period by a particular period

only if the Authority considers it reasonable to do so in the

circumstances, including (but not limited to) any circumstances

determined under subsection (9).

(8) The notice of the decision must include any details determined

under subsection (9) in relation to the decision.

(9) The Minister may, by legislative instrument, make a determination

for the purposes of subsection (7) or (8).

Review by Administrative Appeals Tribunal

(10) Applications may be made to the Administrative Appeals Tribunal

for review of a decision by the Authority:

(a) under paragraph (6)(a), to extend the eligible period by a

particular stated period; or

(b) under paragraph (6)(b), to refuse to extend the eligible

period.

Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires

that people whose interests are affected by reviewable decisions of the

Authority be given notice of their rights to seek review of the

decisions.

8 Subsection 280(3)

Omit “a lawyer from giving immigration legal assistance”, substitute

“an Australian legal practitioner from giving immigration assistance in

connection with legal practice”.

9 Paragraphs 281(3)(a) and (b)

Repeal the paragraphs, substitute:

(a) an Australian legal practitioner from asking for or receiving a

fee or other reward for giving immigration assistance in

connection with legal practice; or

(b) a person from asking for or receiving a fee or other reward

for the giving of immigration assistance by an Australian

legal practitioner in connection with legal practice.

10 Subsections 282(1) and (2)

Omit “A person”, substitute “Subject to subsection (2A), a person”.




11 After subsection 282(2)

Insert:

(2A) This section does not prohibit:

(a) an Australian legal practitioner from asking for or receiving a

fee or other reward for making immigration representations

in connection with legal practice; or

(b) a person from asking for or receiving a fee or other reward

for the making of immigration representations by an

Australian legal practitioner in connection with legal

practice.

12 Subsection 284(3)

Omit “a lawyer from advertising that he or she gives immigration legal

assistance”, substitute “an Australian legal practitioner from advertising

that the practitioner gives immigration assistance in connection with

legal practice”.


Omit “a lawyer gives immigration legal assistance”, substitute “an

Australian legal practitioner gives immigration assistance in connection

with legal practice”.

14 Section 286

Repeal the section.

15 After section 289A

Insert:

289B Applications by Australian legal practitioners

(1) An applicant who is an unrestricted legal practitioner must not be

registered.

(2) An applicant who is a restricted legal practitioner must not be

registered unless the applicant is eligible.

Note 1: For when a person is eligible, see sections 278A and 333C.

Note 2: A registered migration agent must notify the Migration Agents

Registration Authority within 28 days after becoming a restricted legal

practitioner or an unrestricted legal practitioner (see section 312).




Note 3: The Authority must cancel the registration of an agent who is an

unrestricted legal practitioner, or who is a restricted legal practitioner

who is not eligible (see section 302A).

16 Section 299

Repeal the section, substitute:

299 Period of registration

(1) Subject to any other provision of this Part (including subsection (2)

of this section), the registration of a registered migration agent

ends 12 months after the day of registration.

(2) If the registration is suspended for a period, the period of the

registration is extended by a period equal to the period of

suspension.

17 After section 302

Insert:

302A Cancellation of registration—Australian legal practitioners

(1) The Migration Agents Registration Authority must cancel the

registration of a registered migration agent, by removing the

agent’s name from the Register, if the Authority is satisfied:

(a) that the agent is an unrestricted legal practitioner; or

(b) that the agent is a restricted legal practitioner who is not

eligible.

Note 1: For when a person is eligible, see sections 278A and 333C.

Note 2: A registered migration agent must notify the Authority within 28 days

after becoming a restricted legal practitioner or an unrestricted legal

practitioner (see section 312).

Note 3: An unrestricted legal practitioner, or a restricted legal practitioner

other than an eligible restricted legal practitioner, cannot be registered

as a migration agent (see section 289B).

(2) The Authority may cancel the registration of a registered migration

agent under subsection (1) because of the status of the agent as an

Australian legal practitioner only on the basis of a document

authorised by a body authorised to grant practising certificates to

Australian legal practitioners in the relevant State or Territory.




(3) The Authority must give a registered migration agent written

notice of a decision to cancel the agent’s registration under

subsection (1).

(4) The notice must set out the reason for the decision.

(5) The decision takes effect at the time the agent is given written

notice of it.

Note: Section 332H sets out when the agent is taken to have been given the

notice.

18 Subsection 305B(1)

Omit “(1)”.

19 Subsection 305B(3)

Repeal the subsection.

20 Subsection 306AM(1)

Omit “(1)”.

21 Subsection 306AM(3)


22 Section 306A (note)

Repeal the note, substitute:

Note: For when an agent becomes inactive, see section 306B.

23 After paragraph 306B(b)

Insert:

(ba) if a person ceases to be a registered migration agent because

the Migration Agents Registration Authority cancels the

person’s registration under section 302A, or because the

person’s registration ends under section 333B:

(i) the person becomes an inactive migration agent at the

time of the cessation of the registration; and

(ii) the person remains an inactive migration agent until the

end of the period of 2 years after the cessation, or until

the person again becomes a registered migration agent,

whichever happens first; and




Note 1: The Authority must cancel the registration of an agent who is an

unrestricted legal practitioner, or that of an agent who is a restricted

legal practitioner, but is not eligible (see section 302A).

Note 2: Section 333B provides that the registration of an unrestricted legal

practitioner as a migration agent ends when Division 8 commences

(which is also when this paragraph commences).

24 Section 306C


306C Definition of client

(1) A client of a registered migration agent is a person to whom the

agent has given, or has agreed to give (whether or not in writing),

immigration assistance.

(2) In addition:

(a) if a registered migration agent becomes an inactive migration

agent, a client of the registered migration agent (while the

agent was registered) remains a client of the inactive

migration agent; and

(b) a person remains a client of a registered migration agent, or

an inactive migration agent, even if the agent is deceased.

25 At the end of section 312

Add:

(4) A registered migration agent must notify the Migration Agents

Registration Authority in writing within 28 days after the agent

becomes:

(a) a restricted legal practitioner; or

(b) an unrestricted legal practitioner.

Penalty: 100 penalty units.

(5) An offence against subsection (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.






27 Paragraph 316(1)(b)

Omit “and of lawyers in their provision of immigration legal

assistance”.

28 Paragraph 316(1)(e)

Repeal the paragraph.

29 Section 319 (heading)

Repeal the heading, substitute:

319 Referral of conduct of certain migration agents to legal

disciplinary authorities


Repeal the subsection, substitute:

Referral generally

(1) The Migration Agents Registration Authority may refer the

conduct of a registered migration agent, or a former registered

migration agent, who is an Australian legal practitioner to an

authority responsible for disciplining Australian legal practitioners

in a State or Territory if:

(a) the legal practitioner was granted a practising certificate

under the law of that State or Territory; and

(b) the conduct occurred while the legal practitioner was a

registered migration agent, whether or not the conduct

occurred in connection with legal practice.

31 Subsections 321A(4) and 332F(4)

Repeal the subsections.

32 At the end of Part 3

Add:




Division 8—Transitional arrangements for Australian legal

practitioners

333 Definitions

In this Division:

amending Act means the Migration Amendment (Regulation of

Migration Agents) Act 2020.

Division 8 commencement day means the day this Division

commences.

Note: This Division was added by Schedule 1 to the Migration Amendment

(Regulation of Migration Agents) Act 2020.

333A Restrictions on giving immigration assistance and making

immigration representations

(1) Despite the amendments of Division 2 made by Schedule 1 to the

amending Act, that Division, as in force immediately before the

Division 8 commencement day, continues to apply in relation to

any conduct of a person occurring before that day.

(2) Subsection (1) also applies in relation to any conduct of a person

occurring on or after the Division 8 commencement day if the

conduct is a part or continuation of, or is connected to, conduct of

the person occurring before that day.

333B Registered migration agents who were unrestricted legal

practitioners immediately before the Division 8

commencement day

Scope

(1) This section applies in relation to a person who, immediately

before the Division 8 commencement day, was both:

(a) a registered migration agent (even if, at that time, the

person’s registration was under suspension, or had been taken

to continue under subsection 300(4)); and

(b) an unrestricted legal practitioner.




End of registration

(2) The person’s registration as a migration agent ends at the start of

the Division 8 commencement day, by force of this section.

333C Persons who were restricted legal practitioners immediately

before the Division 8 commencement day

Scope

(1) This section applies in relation to a person who was a restricted

legal practitioner immediately before the Division 8

commencement day (whether or not the person was a registered

migration agent at that time).

Eligibility under section 278A

(2) The person’s eligible period for the purposes of section 278A is the

period of 2 years after the Division 8 commencement day, despite

subsection 278A(3).

Note: Subsection 278A(3) provides that generally the eligible period is the

period of 2 years after the person first held a restricted practising

certificate.

333D Registration applications made before the Division 8

commencement day

Scope

(1) This section applies in relation to a person if, immediately before

the Division 8 commencement day:

(a) the person had made a registration application (whether or

not the person had previously been registered as a migration

agent); and

(b) the Migration Agents Registration Authority had not made a

decision in relation to the application.

Application of amendments to registration applications

(2) The amendments of Division 3 made by Schedule 1 to the

amending Act apply in relation to the registration application as if

it had been made on or after the Division 8 commencement day.




Note: On and after the Division 8 commencement day, some Australian

legal practitioners cannot be registered as migration agents (see

section 289B).

(3) If the person was an unrestricted legal practitioner immediately

before the Division 8 commencement day, section 300 (automatic

continuation of registration) does not apply on and after that day in

relation to the registration application.

Note: If the registration had been taken to continue under subsection 300(4)

before the Division 8 commencement day, the registration would end

at the start of that day (see section 333B).

(4) Despite section 291 (applicant must not be registered if registration

refused in past year), if the person’s registration application is

refused because of section 289B (inserted by Schedule 1 to the

amending Act), the refusal of the application does not prevent the

person from being registered as a migration agent in accordance

with a later registration application made at any time on or after the

Division 8 commencement day.

333E Events required to be notified under s 312(4)

Subsection 312(4) (added by Schedule 1 to the amending Act)

applies to require a registered migration agent to notify the

Migration Agents Registration Authority that the agent has become

a restricted or unrestricted legal practitioner if the agent becomes

such a practitioner on or after the Division 8 commencement day.


Schedule 2 Registration periods

Part 1 Amendments


Schedule 2—Registration periods

Part 1—Amendments

Migration Act 1958

1 Subsection 288(2)

Omit “(unless he or she has been registered at some time in the 12

months immediately before making the application)”, substitute “,

unless the individual has been registered at some time within the period,

immediately before making the application, that is prescribed for the

purposes of this subsection”.

2 Section 289A


289A Applicant must not be registered if academic and vocational

requirements are not satisfied

(1) This section applies to an applicant:

(a) who has never been registered; or

(b) whose registration application is made after the end of a

period, prescribed for the purposes of this paragraph,

immediately after the end of the applicant’s most recent

period of registration.

(2) The applicant must not be registered unless the Migration Agents

Registration Authority is satisfied that the applicant has:

(a) completed a course prescribed for the purposes of this

paragraph; and

(b) passed an examination, prescribed for the purposes of this

paragraph, within a prescribed period before the date of the

registration application.

3 Section 290A



Registration periods Schedule 2

Amendments Part 1


290A Applicant must not be registered if continuing professional

development requirements are not satisfied

(1) This section applies in relation to an applicant who has been

registered at some time within the period, immediately before

making the registration application, that is prescribed for the

purposes of this subsection.

(2) The applicant must not be registered if the Migration Agents

Registration Authority is satisfied that the applicant has not met,

within the period prescribed for the purposes of this subsection, the

prescribed requirements for continuing professional development

of registered migration agents.


Schedule 2 Registration periods

Part 2 Application of amendments


Part 2—Application of amendments

4 Application of amendments made by Part 1

(1) The amendments of the Migration Act 1958 made by Part 1 of this

Schedule apply in relation to a registration application made on or after

the day this Schedule commences.

(2) Despite the repeal of section 289A by Part 1 of this Schedule,

regulations made for the purposes of paragraph 289A(c) of the

Migration Act 1958 in force immediately before this Schedule

commences continue in force after that commencement as if they had

been made for the purposes of paragraph 289A(2)(a) or (b) (as the case

requires) of that Act as amended by Part 1 of this Schedule.


Redundant provisions Schedule 3


Schedule 3—Redundant provisions

Migration Act 1958

1 Section 275 (definitions of high visa refusal rate and Institute)

Repeal the definitions.

2 Section 275 (definition of Migration Agents Registration Authority)

Repeal the definition, substitute:

Migration Agents Registration Authority means the body

mentioned in section 315.

Note: If a power or function is expressed to be given to the Migration

Agents Registration Authority, it may only be exercised by the

Minister, or by a delegate of the Minister under section 320 (see

subsection 315(2)).

3 Subsection 279(1)

Omit “(1)”.

4 Subsection 279(2)


5 Section 292

Omit “, 306AG or 306AGAC”.

6 Paragraph 292A(a)

Omit “or 311L(1)”.

7 Subsection 303(1) (note 1)

Repeal the note.

8 Subsection 303(1) (note 2)

Omit “Note 2”, substitute “Note”.


Schedule 3 Redundant provisions


9 Division 3AA of Part 3

Repeal the Division.

10 Paragraphs 306B(c) and (d)

Omit “, 306AG or 306AGAC”.

11 Subdivision A of Division 4A of Part 3 (heading)

Repeal the heading.

12 Subdivision B of Division 4A of Part 3

Repeal the Subdivision.

13 Section 315


315 Migration Agents Registration Authority—nature, powers and

functions

(1) The Migration Agents Registration Authority is the body

established within the Department to administer this Part.

(2) A power or function expressed under this Part to be given to the

Migration Agents Registration Authority may only be exercised or

performed by the Minister, or by a delegate of the Minister under

section 320.



15 Section 319A

Repeal the section.



(1) The Minister may delegate any of the powers or functions given to

the Migration Agents Registration Authority under this Part to an

APS employee in the Department.

Note: See section 315 (Migration Agents Registration Authority—nature,

powers and functions).


Redundant provisions Schedule 3


17 Section 321

Repeal the section.

18 Sections 322 and 332B

Repeal the sections.

19 Subsection 332D(1)

Omit “or 311P”.

20 Subsection 332E(3)

Omit “The Institute, or an officer or employee of the Institute,”,

substitute “The Migration Institute of Australia Limited (ACN

003 409 390), or an officer or employee of that Institute,”.

21 At the end of subsection 332E(3)

Add:

Note: The Institute was appointed as the Migration Agents Registration

Authority by instrument dated 21 March 1998, under section 315 as

then in force. That instrument was revoked on 30 June 2009.


Schedule 4 Requirement for applicants to provide further information

Part 1 Amendments


Schedule 4—Requirement for applicants to provide further information

Part 1—Amendments

Migration Act 1958

1 Section 288B


288B Requirement to provide further information etc.

Scope

(1) This section applies in relation to an applicant who, on the day the

registration application is taken to have been made, is not a

registered migration agent.

Notice to provide further information etc.

(2) The Migration Agents Registration Authority may, by written

notice given to the applicant, require the applicant to provide

information in relation to the application, that is stated in the

notice, by doing either of the following:

(a) providing to the Authority, within a period prescribed for the

purposes of this paragraph (or that period as extended under

subsection (5)) and stated in the notice:

(i) a statutory declaration; and

(ii) any other specified documents;

(b) appearing before the Authority, at a time and place stated in

the notice (or at another time or place fixed under

subsection (5)), and providing such information, with any

specified documents, at such an appearance.

Refusal of application if applicant does not comply with notice

(3) The Authority may consider refusing the application if the

applicant fails to comply with a requirement in the notice under

subsection (2).


Requirement for applicants to provide further information Schedule 4

Amendments Part 1


Note: If the Authority is considering refusing a registration application, it

must invite the applicant to make a further submission in support of

the application (see subsection 309(1)).

(4) An applicant must not be registered if:

(a) the applicant has failed to comply with a requirement of a

notice under subsection (2):

(i) within the period to which paragraph (2)(a) applies; or

(ii) at the time to which paragraph (2)(b) applies; and

(b) the Authority has invited the applicant to make a further

submission under subsection 309(1) in relation to the

information required by the notice under subsection (2); and

(c) any of the following applies:

(i) the applicant fails to make such a further submission

within a reasonable time after the invitation is given;

(ii) if the applicant is given an opportunity to appear before

the Authority under paragraph 310(3)(b)—the applicant

fails to appear before the Authority;

(iii) the Authority is not satisfied that the applicant has

provided the information required by the notice under

subsection (2) of this section after consideration of such

a further submission, and (if the applicant is given an

opportunity to appear before the Authority under

paragraph 310(3)(b)) any information given by the

applicant at such an appearance.

Other matters

(5) The Authority may, by written notice given to the applicant:

(a) upon a request of the applicant made within the period to

which paragraph (2)(a) applies, extend the period; or

(b) upon a request of the applicant made before the time to which

paragraph (2)(b) applies, fix a new time or place for the

applicant to appear before the Authority.

(6) A notice under subsection (2) must include a statement explaining

the consequences under this section of failing to comply with the

requirements of the notice.


Schedule 4 Requirement for applicants to provide further information





Despite the amendments of the Migration Act 1958 made by Part 1 of

this Schedule, section 288B of that Act as in force immediately before

the commencement of this Schedule continues to apply in relation to a

requirement made under subsection 288B(1) of that Act before that

commencement.


Fees and charges Schedule 5

Amendments Part 1


Schedule 5—Fees and charges

Part 1—Amendments

Migration Act 1958

1 Paragraph 312(1)(ea)

Repeal the paragraph, substitute:

(ea) if the agent paid the non-commercial application charge in

relation to the agent’s current period of registration—the

agent begins to give immigration assistance otherwise than

on a non-commercial basis during that period;

2 Subsection 312(3)


(3) The following terms used in paragraph (1)(ea) have the same

meaning as in the Migration Agents Registration Application

Charge Act 1997:

(a) begins (in relation to immigration assistance given otherwise

than on a non-commercial basis);

(b) non-commercial application charge;

(c) non-commercial basis (in relation to the basis on which

immigration assistance is given).


Schedule 5 Fees and charges





The amendments of the Migration Act 1958 made by Part 1 of this

Schedule apply in relation to:

(a) a current period of registration that started on or after the

commencement of this Schedule; and

(b) an event mentioned in paragraph 312(1)(ea) of that Act (as

amended by Part 1 of this Schedule) occurring on or after the

commencement of this Schedule.


Other amendments Schedule 6

Amendments Part 1


Schedule 6—Other amendments

Part 1—Amendments

Migration Act 1958

1 After subsection 276(2A)

Insert:

(2B) For the purposes of this Part, a person also gives immigration

assistance if the person uses, or purports to use, knowledge of, or

experience in, migration procedure to assist another person by:

(a) preparing, or helping to prepare, a representation to the

Minister to exercise the Minister’s power:

(i) under subsection 501C(4) to revoke a decision to refuse

to grant, or to cancel, a visa (whether or not the decision

relates to the other person); or

(ii) under subsection 501CA(4) to revoke a decision to

cancel a visa (whether or not the decision relates to the

other person); or

(b) advising the other person about making a representation

mentioned in paragraph (a).

Note: Sections 501C and 501CA provide for the revocation of decisions to

refuse or cancel visas on character grounds.

2 Subsection 276(3)

Omit “and (2A)”, substitute “, (2A) and (2B)”.

3 At the end of subsection 282(4)

Add:

; or (g) on behalf of a person who has made (or is proposing to

make) a representation to the Minister to exercise a power

under subsection 501C(4) to revoke a decision to refuse to

grant, or to cancel, a visa (whether or not the decision relates

to that person); or

(h) on behalf of a person who has made (or is proposing to

make) a representation to the Minister to exercise a power

under subsection 501CA(4) to revoke a decision to cancel a

visa (whether or not the decision relates to that person).


Schedule 6 Other amendments

Part 1 Amendments


4 Subsection 289(4)



Other amendments Schedule 6

Application of amendments Part 2




(1) The amendments of section 276 of the Migration Act 1958 made by

Part 1 of this Schedule apply in relation to immigration assistance

(within the meaning of Part 3 of that Act as amended) if that assistance

is given on or after the commencement of this Schedule.

(2) The amendment of section 282 of the Migration Act 1958 made by

Part 1 of this Schedule applies in relation to making immigration

representations (within the meaning of that section of that Act as

amended) if those representations are made on or after the

commencement of this Schedule.

[Minister’s second reading speech made in—

House of Representatives on 27 November 2019

Senate on 13 February 2020]

(216/19)


Documents

Migration Amendment (Regulation of Migration Agents) Act